A verdict from the High Court has dealt a severe setback to the Kenya National Examinations Council's (KNEC) decision to conduct mid-year KCSE exams.
The Kenya National Examinations Council (KNEC) has announced that the exams would be open to repeating candidates, those who had registered previously but were unable to sit for the exams, and adult learners who have completed their primary education and can provide proof of doing so.
The exams were set to occur between January 2025 and August 1, 2025.
Why did a doctor in Nakuru challenge the decision made by KNEC?
Nevertheless, Dr. Magare Gikenyi from Nakuru has submitted a petition, arguing that the new regulations suffer from insufficient public involvement.
Gikenyi contended the decision breaches the Constitution, particularly Articles 27, 24, 10, 73, and 75, and without a rational basis for justification.
An extra added that the KCSE exams have historically been conducted in November, creating a genuine expectation for students that if they fail, they can retake the exams in that same month.
"Changing the exam dates without considering the impact on students, parents, and other interested parties contravenes the legitimate expectations of the test-takers and their entitlement to fair administrative treatment," the petition claims.
What were the High Court's findings on Gikenyi's lawsuit?
The court put on hold the proceeding temporarily, granting conservatory orders to maintain the issue until further consideration.
The Kisii High Court's Lady Justice Odera Teresa Achieng made a ruling that the application fulfilled the necessary criteria for making the orders.
"The application has reached the required level for issuance of preliminary orders at this stage. I now proceed to issue preliminary orders…to protect the subject matter until the parties' hearing," the judge decided.
This legal challenge occurs just a few days after the Kenya National Examinations Council (KNEC) announced the dates for the mid-year exams, which are scheduled from January 26 to February 21, 2025.